Country Report: India

This chapter examines how Indian courts administer due process guarantees at the post-award stage. Section §10.02 begins with an overview of the relevant normative framework and the sources of interpretation that Indian courts have drawn upon to determine the meaning of the different due process guarantees. Section §10.03 shows how this framework applies in practice by discussing examples of successful and unsuccessful recognition and set-aside applications in India. Section §10.04 outlines the standard of review as well as the threshold that Indian courts apply in the administration of due process grounds at the post-award stage. Section §10.05 examines the scope of autonomy provided to parties wishing to waive their right to resist recognition and enforcement or to seek set aside. The chapter then closes with the most significant conclusions derived from the analysis.